RAMJAN Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Heard learned counsel for the petitioners, learned Public Prosecutor for the State and perused the relevant documents placed before me.

(2.) Contention of learned counsel for the petitioners is that petitioners have been falsely implicated in the present case. Deceased has received only four injuries and none of the injuries has been attributed to any of the four accused petitioners. In fact, what is alleged is that they caused injuries to the injured Amir. There are four injured on the side of the complainant, all of whom have sustained simple injuries. While Nafees has sustained four injuries, Ayub has sustained three injuries, Rahil has sustained two injuries and Sabir has sustained two injuries. At the same time, there are four injured on the side of petitioners namely; Amir, who has sustained two injuries, Ahasan, who has sustained five injuries, three of which are on head, Ramjan has sustained two injuries and Farooq has sustained two injuries, one of which was discovered to be grievous injury being fracture. Petitioners are in jail since 21.11.2015, 11.1.2016, 11.1.2016 and 17.1.2016 respectively.

(3.) It is contended that accused have been falsely implicated owing to the enmity because investigation was pending against the complainant party for murder of Mubarik, brother of Farooq. Learned counsel submitted that apart from the fact that deceased has sustained head injury, the allegation in the statement of prosecution witnesses for causing that injury has been made against co -accused Ahsan, Farooq and Gulfam, who are not before this Court.